Online Shop Purchases Terms & Conditions
Funktion Leisure Limited ("FLL")
BOOKING TERMS AND CONDITIONS
Funktion Events is a trading name of Funktion Leisure Limited
Our terms and conditions are here to protect us as well as you. These are standard terms that you should understand but please feel free to ask for further clarification when needed.
"we" "us" and "our" are references to Funktion Leisure Limited ("FLL").
"you", "your" or "party" means all persons (or any of them including the Lead Customer) named on the booking (and persons added or substituted at a later date).
"Arrangements" “event” means the activities, events, transport, accommodation, meals and other services of whatever description (or any of them), as applicable, booked through us for you
"Lead Customer" “Organiser” “Lead Organiser” means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person).
“invitee” “guests” means persons invited to the arrangements by the lead organiser.
“Packages” means when accommodation of whatever description has been booked with another arrangement
“Activities” means when just activities have been booked. There is no accommodation or transport of whatever description added to the booking with the activity
"Event" means anything arranged by us for you including a mixture of activities, staff, packages, event management.
"Client Area" "My Events" "VIP Area" means the customer login area which is accessible via our website
"Force Majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned
"in writing" means by facsimile, email or letter.
To book any arrangements with FLL you must pay a non-refundable deposit as specified by your event organiser or booking agreement. By either signing the booking agreement or placing this deposit you confirm the accuracy of all information provided and accept these terms and conditions on behalf of yourselves and anyone else in your party. The agreement between yourself and FLL only comes into existence once your booking has been formally acknowledged in writing by FLL. Unless you advise us to the contrary we will assume that every member is over the age of 18 years. Unless you contact FLL in writing within 24 hours of receiving written acceptance the booking, you will be deemed to have agreed to the contract terms. The terms and conditions and general information constitute the entire agreement between you and FLL. It must be understood that those booking via telephone or e-mail accept our booking terms and conditions.
2. Payment to us
All prices are in £ sterling and will be subject to VAT.
- If you are booking any arrangements more than 60 days before the date of the event, you must pay a deposit of 25%, unless specified by your event organiser
- If you are booking any arrangements between 42-60 days before the date of the event, you must pay a deposit of 80%, unless specified by your event organiser
- If you are booking any arrangements less than 42 days before the date of the event, you must pay 100%, unless specified by your event organiser
Any deposits or monies paid by you will not be refundable - See our cancellation policy
Some events may have a minimum group size, this may reflect in your cost per person increasing should your numbers drop below this.
FLL reserves the right to change any of the arrangement/ prices described in writing before the agreement between you and FLL is concluded.
Payments can be made using a valid credit or debit card, bank transfer or cash. There is no charge for payment by bank transfer, cash or debit card. A 2.9% fee for payment by credit card.
3. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the Arrangements. We will advise you of any change in the price or error of which we are aware at the earliest opportunity before you book . We reserve the right to make changes to and correct errors in prices at any time before your Arrangements are confirmed. Once your Arrangements have been confirmed to you by our confirmation email then subject to other clauses in these terms and conditions, the price will not change.
4. Client Area Terms and Conditions
Lead Organiser - Event Deposit - The option to pay a variable non-refundable event deposit is given to all organisers in order to validate a booking with us, the event deposit amount (which serves as confirmation of the event) will be notified to the organiser at the time of booking. The time limit in which you have to pay the full balance of your event is variable and will be notified to you at the time of booking.
Invitees - Individual Payments - In addition to the lead organiser, guests and or additional group members are also given the option to pay for their full place by the final balance date.
Invitees Management - It is the organiser’s responsibility to ensure that guests of the party are aware of their payment requirements.
Balance Payments - Please note balance payments for all guests / party members including the lead organiser are required as specified when booking. Failure to pay the outstanding balance will result in automatic cancellation of the guest’s place and their deposit and any monies already paid forfeited.
Group Size Implications - Please note that should the group not meet the minimum group size required to run the event then it may be treated as cancelled. (So make sure you reach minimum numbers or if you are struggling please contact us to discuss a new price).
Card Charges & Validation - No charges apply for debit cards. Credit cards carry a 2.9% charge per transaction. Validation of the card payments is only recognised when the money is cleared into our account.
Customer Service - If any of the above is unclear or you wish to discuss further please do not hesitate to contact us on 0161 341 0052.
5. Special Requests
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless any supplier has specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
6. All Website & Quote Descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not that necessarily of the actual venue.
Please note: most daytime activities take place at outdoor activity centres, which by their nature are not usually located in city centres/urban areas. Activities, packages, events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 30 miles although this may be more for some exclusive activities.
7. Cancellations and Changes by Us
Occasionally, we have to make changes to and correct errors in our website and/or documentation or other literature we produce both before and after bookings have been confirmed; and your supplier(s) may make a change to or cancel confirmed bookings. Whilst we and your suppliers always endeavour to avoid changes and cancellations, we and they must reserve the right to do so.
Most changes suppliers make are minor for example a change in the timing of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); a change of accommodation to accommodation of the same or higher standard within the same destination city. In extremely rare circumstances suppliers may make a significant change or cancellation to a confirmed booking. If this happens, we will tell you as soon as the supplier makes us aware of the situation. If there is time to do so before the event date, we will offer you the choice of the following options:
Accept the changed Arrangements
We will suggest alternative Arrangements of a similar standard to that originally booked which you may choose to book instead
Cancel or accept the cancellation in which case we will pass on from the applicable supplier(s)a full refund of all monies you have paid to us relating to the cancelled or amended Arrangement(s).
Please note the above options are not available where any change made is a minor one.
No liability beyond offering the above mentioned choices can be accepted where changes or cancellations are made as a result of unusual and unforeseeable circumstances beyond ours or any applicable suppliers’ control, the consequences of which could not have been avoided even with all due care; or where cancellations are made because the minimum number of persons required to operate the Arrangements you have booked has not been reached.
No liability will be accepted and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these terms and conditions entitling the supplier to cancel (such as paying on time) or if the change made is a minor one.
Very rarely, after your Arrangements have commenced, our supplier(s) may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that neither we nor your supplier(s) will be able to provide any refunds pay you any compensation or meet any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so or arising out of any alternative arrangements.
8. Cancellations & Changes by You
If you wish to change your booking in any way we will try to accommodate your requests with but we cannot guarantee that changes can always be made. Where a change can be made, we may charge an amendment fee. In any case you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of your suppliers.
Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation. You will be required to pay the increased price.
If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. Cancellations can only be made in accordance with our terms and conditions.
Cancellation fees are listed below;
- More than 60 days from the the date of the arrangements 25% of the total cost is payable
- Between 42-60 days from the the date of the arrangements 80% of the total cost is payable
- Less than 42 days from the date of the arrangements 100% of the total cost is payable
Please note that the total cost of the Arrangements in the above scale does not include any insurance premiums or amendment charges relating to your Arrangements.. If your insurance policy covers the reason for your cancellation, you should be able to claim for a refund of your cancellation charges from the insurance company less any applicable excess.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, FLL may need to amend their pricing. We will notify you if that is the case.
Any returned payments will be made to the lead organiser. FLL will not be responsible for the cancellation of any event due to force majeure.
9. Insurance & Disclaimers
You are advised to take out adequate and appropriate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation to the UK, in the event of illness or accident. You must ensure that the policy you purchase is suitable for your confirmed Arrangements including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your Arrangements.
Due to the nature of extreme activities and variable international protocol and standards, occasionally the party may be required to acknowledge and agree to local Disclaimers (which may include health disclosures) prior to proceeding with elements of their arrangements, these Disclaimers serve to highlight the risks associated with the activity in question; on acknowledgement of the Disclaimer members of the booking party will consciously proceed fully aware of the safety, security, comfort and insurance implications of that activity. Members of the booking party will be responsible for appreciating whether or not their personal insurance cover is appropriate. Given an onsite review of any previously unseen Disclaimer (and thereafter relative consideration of the activity, environment, premises, personnel, safety, etc), if any member of the booking party elects not to proceed FLL will reimburse that person to the value of the independent cost expense of that element of the arrangements, provided the member obtains written confirmation of non-procedure from the Supplier.
Whilst FLL will provide as much advance information as reasonably possible, FLL will defer to the protection of any Disclaimers. Should any assistance be required post Disclaimer, FLL will endeavour to assist in support solutions, the level of support may be limited to the local services and levels of compensation will be relative to the local delivery of the arrangements.
Some of the arrangements you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many activities are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your Arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen Arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we will advise the applicable supplier(s) of such who may cancel your booking and impose their cancellation charges where in their reasonable opinion, the confirmed Arrangements are not suitable. Please note that some of the Arrangements we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks.
11. Passports, visas and health requirements
A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is the Lead Organisers responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
The party recognises that FLL is an independent contractor and not the servant of the party. Oral advice & draft deliverables - you may only rely on our final written deliverables and not on oral advice or draft deliverables. If you wish to rely on something we have said to you, please let us know so that we can prepare a written deliverable on which you can rely.
If any of these terms or conditions are unenforceable for any reason, but would be enforceable if some of its wording were deleted or amended, it shall apply with such deletions or amendments as are necessary to make it enforceable.
No amendment or variation to the contract or conditions shall be effective unless in writing and signed by or on behalf of both parties. (v). No claims against individuals - should you have cause to, unless otherwise agreed in writing you agree to bring any claim (including one in negligence) in connection with the Program only against FLL and not against any individual within FLL. The arrangements and any contract between the Client and FLL and any dispute arising from it, whether contractual or non contractual, will be construed and governed by English law and be subject to the jurisdiction of the English courts, you may however, choose the law and jurisdiction of Scotland or Northern Ireland if you were residentially based there at the time of booking and wish to do so. No party is liable to pay any other party (whether for negligence or otherwise) for a representation that is not in the agreement. Rights of third parties - a person or representative who is not party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 (as may be amended) to enforce any terms of the agreement.
The "term centrally located hotel" “city centre hotel” or variations of these means up to a 20 minute walk from the designated destination city/town centre.
We always try to place groups in twin rooms where available however if these are not available you may be in triple or quad rooms.
Despite our suppliers being aware of the nature and likely intent of group bookings, you are expected to respect your environment and other people around you. All suppliers and hotels have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases all insurances will be invalidated and you will not have any entitlement to a refund of any kind whatsoever. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of drinks or drugs. Please also be aware that some hotels may require a behaviour 'bond' to be placed on hold with a credit card or cash, upon check in. We will do our utmost to give you prior notice where this might happen, but in some extreme cases this may not be possible. Please check with us when paying your final balance.
You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. We or any person in authority can terminate your Arrangements if, in the reasonable opinion of ourselves or the person in authority, your behaviour or that of any member(s) in the booking is likely to cause distress, damage, danger or annoyance to other clients or members of the party, employees, suppliers, property or anyone else or if the person(s) concerns is or appears to be unfit to travel for whatever reason. In this situation, the person(s) concerned will not be able to complete their Arrangements and we will not be liable for any refund, compensation, expenses or any costs they have to pay or incur. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event or activity and/or present in the same environment which forms part of your Arrangements or if any facilities or services are removed or withdrawn as a result of their action.
Full payment for any damage or loss (reasonably estimated if not precisely known) caused by you or any member of your group must be made direct to the accommodation owner or manager or other supplier or to us as their agent as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us or any supplier(s) and all costs incurred by us / the supplier (including our own, the supplier's and the other party's full legal costs) as a result of your actions. You must ensure you have appropriate travel insurance to protect you if this situation arises. FLL reserves the rights to pass your details on to a supplier, or third party debt recovery agency to reclaim any monies owing including all additional costs of doing so.
You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the Arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.
14. Our liability
1. Our agreement with you and the service we provide to you is to source and book the Arrangements for you. We promise to use all reasonable skill and care in selecting the supplier(s) who will provide you’re Arrangements. We have no responsibility for the provision of the actual Arrangements themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us. Please note: Sub clauses (2) (6) below are all subject to and without prejudice to sub clause (1) above.
2. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or
- Force Majeure
3. Please note we cannot accept responsibility for any services which do not form part of your Arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any excursion you purchase during your stay. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
4. The promises we make to you about the Arrangements we have agreed to source and book as part of our agreement - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the Arrangements in question had been properly provided. If the particular Arrangements which gave rise to the claim or complaint complied with local laws and regulations applicable to those Arrangements at the time, the Arrangements will be treated as having been properly provided. This will be the case even if the Arrangements did not comply with the laws and regulations of the UK which would have applied had those Arrangements been provided in the UK.
5. We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of your booking (excluding insurance premiums and amendment charges).
6. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
15. Complaints Policy
If there are any complaints about the Arrangements these must be communicated immediately to FLL or its Suppliers (eg your hotelier) who will endeavour to put things right to avoid it spoiling any part of the Arrangements. It is strongly recommended that you communicate any complaint directly to the supplier of the services as well as to our representative, in the case of FLL by telephone during stated offices hours Mon-Fri to +44 (0)161 341 0052 or out of hours which can be accessed by calling our main office number or any other support number supplied, without delay and complete a report form on location. Please be aware if you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in on location and this may affect your rights under this contract. For the absence of doubt any failure to so report such complaints immediately is likely to be deemed to be a failure on the part of the booking party to mitigate its losses and FLL will not consider itself liable for those complaints. If the matter is still not resolved after completion of the arrangements then the Client must write to FLL within 7 days of completion of the arrangements giving full details, including submission of a written report / assessment (by email or letter) specifying any perceived failure at the place where the arrangement is supplied and any accompanying documentary evidence giving your booking reference, lead organiser name and all other relevant information. Please keep your letter concise and to the point. The lead organiser accepts a 28 day period for satisfactory negotiation of any disputes prior to proceeding with and or advising any external representation. Mediation - if a dispute arises the parties will attempt to resolve it by discussion, negotiation and mediation prior to commencing legal proceedings. We would respectfully request any written communications to be sent by recorded post.
Any acceptance of liability by us is however subject to clause 14 liabilities. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid through us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs
16. Weather Conditions
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your Arrangements without paying suppliers’ normal charges. You will not be entitled to the options set out in clause 7(Changes and Cancellations by us or the applicable supplier). We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
Sales on this web site are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.
We accept no responsibility or liability for the content of web sites which are not under our control that link to this website.
We are required by law to tell you that sales can be concluded in English only.
We do not guarantee that this web site will be compatible with all customers’ computers.
18. Email Opt In
By signing up to the website, you accept that you wish to receive e-mail communication from your designated event organiser and FLL. These could be e-mails with regards to promotions, offers and information about your own event. If at any time you wish to unsubscribe from these e-mails you can do so on any of our e-mails or by replying asking to be unsubscribed.
19. Standard Special Offer Terms
In the absence of and unless otherwise stated the following terms automatically apply to all special offers - not valid with any other offer, one offer per group only, no cash alternative, full weekends only (min 2 nights, 1 activity), groups must remain above 12 guests, all offers subject to availability, offers cannot be applied retrospectively ie offers apply to future bookings only, offer applied post receipt of balance payment, standard terms apply. FLL reserves the right to vary offer terms at any time.